NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

February 12, 1993

(Name Withheld)

Dear (Name Withheld):

Thank you for your letter regarding your concerns about the Occupational
Safety and Health Administration's (OSHA) Final Standard for Occupational
Exposure to Bloodborne Pathogens. You expressed your concerns about the
necessity for the standard, and the standard's requirements and costs.

The Bloodborne Pathogens standard is designed to protect the Nation's
workers, particularly health care workers, from exposure to the Hepatitis B
Virus (HBV), the Human Immunodeficiency Virus (HIV), and other bloodborne
pathogens. Of the diseases caused by these viruses, Hepatitis B is the most
common, with 8,700 cases per year among workers in the health care
profession. Hepatitis B infection may result in serious illness, potential
long term disability and death. The HIV virus causes AIDS, for which there
currently is no cure and which eventually results in death. These viruses, as
well as other organisms that cause bloodborne diseases, are found in human
blood and certain other human body fluids. Therefore, employers have a
particular responsibility to ensure that workers do not come into direct
contact with blood or other potentially infectious materials while performing
their job.

The development of this standard by OSHA took more than five years,
beginning with close cooperation on the development of a proposed standard
with the Centers for Disease Control, Department of Health and Human
Services. The proposed standard was based on the scientifically sound
infection control practice of "universal precautions" originally established
by the CDC for handling of body fluids known to transmit HIV.

Following the publication of the proposed standard the public, particularly
the dental and medical communities, submitted approximately 3,000 comments to
the official record. In addition, OSHA held 5 public hearings, in
Washington, D.C., Chicago, New York City, Miami and San Francisco, where 440
individuals and organizations testified. The comments and testimony
underwent extensive review and analysis, and many of the suggested changes
were adopted in the final rule. In addition, the U.S. Congress held a series
of hearings concerning the proposed Bloodborne Pathogens standard. Many
individuals and groups testified at these hearings, including the American
Medical Association and the American Dental Association.

Furthermore, Congress attached an "appropriations rider" to the FY 1992 OSHA
funding bill which required the agency to finalize the Bloodborne Pathogens
standard by December 1, 1991. During debate, members of Congress indicated
that the risks to workers were significant and that the possibility of
illness and death could no longer be ignored; it therefore used the
appropriations rider to encourage the agency to expedite the promulgation of
the standard.

During the development of the standard, compliance costs, those costs
incurred to meet the requirements, were extensively analyzed. All OSHA
workplace safety and health standards undergo a similar, very stringent,
review. A key component of this review was a 3,500-facility survey, which
included both large and small physicians' and dentists' offices, funeral
homes, nursing homes, and blood banks among others. This survey showed that
many offices already were complying with many provisions of the standard,
including practicing "universal precautions."

For example, disposable gloves were in use by 96% of the direct patient care
workers in dentists' offices before the standard became final. The costs for
items already being used and procedures already in place were not included in
the cost estimates for full compliance with the final standard. Therefore,
the costs which were analyzed were the additional costs to those employers
not currently providing their workers with items such as disposable gloves.

We understand your concerns about the increase in medical costs and the
effect on health care availability. The standard was designed to protect the
lives and health of workers from serious and deadly diseases, such as
Hepatitis B and AIDS. OSHA believes that the relatively modest costs
necessary to comply with the standard will neither put small, independent
physicians and dentists out of business, nor reduce the availability of
health care for American families.

In order to explain the general requirements of the standard, OSHA published
five fact sheets and six Bloodborne Pathogens compliance assistance booklets,
including booklets for acute care facilities, emergency responders, dentists,
and nursing homes. OSHA also produced a motivational video titled, "As It
Should Be Done". The enclosed sheet lists titles and ordering information
for all of these materials.

OSHA has ten regional offices around the United States, each with a
Bloodborne Pathogens Coordinator to respond to inquiries about the standard.
A listing of telephone numbers and addresses is enclosed. Since December
1991, the OSHA staff in the National, Regional and Area Offices have been
conducting extensive outreach, training and education meetings on the
Bloodborne Pathogens standard with a wide range of groups, including
physicians and dentists. Over 1,000 individual meetings have been held and
over 80,000 individuals have participated. This is the largest, most
extensive, training and education effort in the 20 year history of OSHA.
This effort is ongoing and will continue. Please contact the OSHA office in
your area to request a speaker or other assistance.

We understand that the cost of complying with this standard is of concern,
and that most American health care professionals follow safe practices;
however, the risks of illness and death from HBV and HIV for workers are too
great to ignore and they mandate the full employee protection and training
required by the standard.

As a private practicing physician here in the Kansas City area, I am
absolutely dumbfounded by the OSHA regulations recently imposed on
physician's offices. I can certainly understand government's concern at
decreasing blood borne disease. To this end, regulations involving
protective practices in drawing blood, handling blood, etc. make sense. I
also concur with hepatitis B immunization programs for at least at risk
individuals. In trying to implement these practices in a medical office,
OSHA has also burdened the individual practitioner with an enormous volume of
regulations which are not only monumental in size but virtually impossible to
totally apply. Nonetheless the government has assured us that failure to
comply with regulations will be met with severe penalties.

To this end, my personal office has spent numerous hours and a rather
extraordinary amount of expense in trying to comply with OSHA regulations.
The catch-22 is, I have a very limited understanding of how to properly
comply with these regulations, despite attending several lectures and
meetings on this subject. In most instances OSHA is dealing with small
medical offices that do not have the time nor resources to deal fully with
OSHA regulations, nor time and resources to support the legal aid needed to
fight OSHA in the event of a citation. What concerns me as a physician is
the time and effort spent in labelling and placing of typewriter whiteout and
then turning, with perhaps precious little time left, to educate my staff in
proper handling of blood products. This seems to be disproportionate in its
risk benefit.

I do not believe a medical office is a reasonable place to institute full
OSHA regulations and it is my feeling in this case, that Federal legislation
should mandate an abbreviated OSHA package that focuses on the primary issues
needing to be addressed such as blood borne contamination. In general,
physicians do not have the resources, as do large businesses - where the OSHA
answer seems to be "send the examiner away, tell him to bring a search
warrant and if there are any problems, talk to our legal department"!

Sincerely

Charles J. Siegel, M.D.

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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